In states like Florida, one of the main destinations for newcomers to the US, immigrants are victims of scams and bad advice from people who do not have certification or knowledge to handle complicated asylum cases. Immigration attorney Rosaly Chaviano has heard many of these stories. She insists that those who offer legal advice or initiate processes on behalf of people without having the proper qualifications “harm lives, they are playing with the lives of migrants and it is not fair”
Immigrants in the United States have seen their asylum application processes complicated by trusting in the legal advice of people without the certification or experience to conduct a delicate process of this type, warn authorities and lawyers.
Many immigrants who cannot afford high immigration attorney fees or who do not have access to pro bono legal counsel are forced to seek other avenues to present their asylum cases, sometimes risking malpractice from individuals who are not qualified or licensed. for this, as notaries, paralegals and “preparers” in ways that sometimes carry out unnecessary or erroneous procedures that hinder and delay the already cumbersome cases, said immigrants consulted.
Also sometimes due to the language barrier and ignorance they put themselves in the hands of unscrupulous people who scam them, they said.
“My process got stuck because a so-called lawyer recommended that I inflate my testimony of credible fear for asylum,” Verónica, a Venezuelan who preferred not to use her last name because “still awaiting the resolution,” told the Voice of America. of his process in the Florida Immigration court and fears that it may affect it.
Verónica’s testimony was “embellished” with facts that supposedly demonstrated the impossibility of the young woman to return to her country of origin.
Although in reality this Venezuelan Economics student did suffer harassment by the authorities of the government of Nicolás Maduro for her opposition activity in her native Maracaibo, US immigration officials “went off alarm bells” and sent the case for review, Indian.
* Also read: US judges revoke a quarter of denials of asylum to immigrants
“Now I’m working with a real lawyer, because it turns out that person had their license revoked. Because I was confident and wanted to save money, I fell, “she lamented.
Something similar happened to the Cuban María Luisa González, who wanted to start a family reunification process to bring her son to Miami from the eastern province of Ciego de Ávila.
González went to an agency that sells tickets and packages where they also prepare documents. “Due to ignorance, I paid without checking well, and the forms were sent with errors,” he explained.
“I do not understand English, and I trusted that the preparer who attended me would take care that everything was as it should be,” said González.
After five years, he was finally able to reunite with his son, although he assures that it could have been earlier, if he had all the papers in order.
*Also read: UNHCR, IOM, EU and Canada will hold a high-level conference on Venezuelan refugees
Playing with immigrant lives
Immigration attorney Rosaly Chaviano of Chaviano Law has heard many of these stories.
“I see it a lot and sometimes I even have new clients who come in and start crying from helplessness in front of me and sometimes I want to cry with them,” he confessed.
Although she cannot say whether Miami is one of the cities with the highest rate of this type of case, the lawyer argues that Miami receives a large number of migrants.
“Specifically here what stands out is the number of agencies where you suddenly go to do your taxes and come out with a parole application,” Chaviano said.
The lawyer insists that those who offer legal advice or initiate processes on behalf of people without having the proper qualifications “damage lives, they are playing with the lives of migrants and it is not fair.”
The lawyer recommended that people who have to carry out immigration procedures seek legal advice from lawyers or representatives authorized to do so and avoid “any type of notary or paralegals, people who are not authorized to give legal advice.”
“It is very important because any error, any fraud at the beginning of their cases can definitely harm their entire future in the United States,” the lawyer stressed.
Who can give immigration legal advice?
With the increase in the arrival of migrants to the US in the last two years, the demand for those who represent newcomers in their legal processes has also increased.
The US Citizenship and Immigration Services (USCIS) warns about fraud and offers information on who are the “authorized providers of immigration services.”
According to usciscan only advise and represent a status applicant or a family member who initiates the process on their behalf accredited representatives by the Department of Justice (DOJ) Office of Legal Access Programs (OLAP), as well as “lawyers in good standing” with no restrictions on their ability to practice. The Department of Justice offers a List of Accredited Representatives and Recognized Organizations. Also the EOIR provides a attorney list (in English) by state that provide immigration services either free of charge or at a minimal cost.
Authorized immigration service providers can “give you advice on what documents to present, explain the immigration options you may have, and communicate with USCIS about your case,” the institution details, which points out that other people can offer “limited help ».
Dariel García, a Cuban who had to wait “almost double” the usual time to receive his Work Permit because the notary who filled out his first application made him “sign various papers that were not necessary” and sent the incomplete form, said that he recommended to everyone that they read well “everything that they present in your name and that you hire someone who comes well recommended.”
New programs, new scams
The application of the humanitarian parole program for Venezuelans and later the extension to Cubans, Haitians and Nicaraguans also brought a new figure: the false sponsor.
After checking several online proposals offering the mandatory sponsorship in the US in exchange for money, the US embassy in Havana asked on social networks “to be careful with the scams of anyone who asks you for money.”
The new strategy is to offer sponsorship services to those who do not have someone they trust in the United States who represents them and agrees to take care of their expenses during the two years that the residence permit is in force in accordance with the program.
Usually, the sponsors are close to the applicant, although there are also cases of organizations and individuals that offer solidarity support to help migrants.
“If you include in this affidavit of financial support any information you know to be false, you could be subject to criminal prosecution under United States law,” USCIS warns.
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